United States of America v. Samuel Darnell France

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 12a0656n.06
No. 10-2606
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
SAMUEL DARNELL FRANCE,
Defendant-Appellant.
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ON APPEAL FROM THE
UNITED STATES DISTRICT
COURT FOR THE WESTERN
DISTRICT OF MICHIGAN
BEFORE: COOK and STRANCH, Circuit Judges; STAMP, District Judge.*
PER CURIAM. Samuel Darnell France, a federal prisoner, appeals the sentence imposed
on remand from this court. France entered a guilty plea in 2008 to a charge of distribution of fifty
or more grams of cocaine base. He was classified as a career offender. After receiving a downward
departure for substantial assistance, he was sentenced to 200 months’ imprisonment.
On appeal, we vacated France’s sentence and remanded for further development of whether
one of his prior convictions was a violent felony for purposes of the career-offender determination.
On remand, the government could not establish that the prior conviction was a violent felony.
France was therefore resentenced, after again receiving credit for substantial assistance, to a term of
73 months’ imprisonment.
The Honorable Frederick P. Stamp, Jr., Senior District Judge for the Northern District of*
West Virginia, sitting by designation.

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No. 10-2606
United States v. France
Now, on appeal from his new sentence, France argues that the district court should have
applied the Fair Sentencing Act, because his resentencing occurred after the effective date of that
Act. Although the government contested this issue in the district court, it has changed its position
and now agrees with France that he should be sentenced under the Fair Sentencing Act.
Accordingly, we vacate France’s sentence and remand for resentencing. See United States v. Jones,
443 F. App’x 994, 995 (6th Cir. 2011).
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